Court of Appeals may consider Henrie's Shelter Bay board case

The 2023 lawsuit brought by then-resident Jan Henrie against the Shelter Bay Community’s board of directors executive committee may be considered by the Washington Court of Appeals.

Skagit County Superior Court Judge Laura Riquelme granted the defendants motion to stay the proceedings before May 10 pending the outcome of the defendants’ request for a discretionary review by the appeals court.

The judge agreed with the defense that the case involved “a controlling question of law as to which there is substantial ground for difference of opinion” and found that “immediate review of these orders may materially advance the ultimate termination of the litigation.”

The appellate court has to decide to accept the discretionary review.

Riquelme denied the plaintiff’s Court Rule 11 sanctions request. Court Rule 11 includes not causing “unnecessary delay.”

Judy Kontos is now the plaintiff. Henrie assigned her rights, including judgments awarded, to Kontos March 29. Kontos has assumed all responsibilities under the plaintiff’s case.

Henrie’s March 2023 suit alleged malfeasance and failure in these board members’ actions and conduct for their passing an “invalid budget in violation of both the Shelter Bay Community bylaws and the Revised Code of Washington.”

The defendants have not contested the case’s merits. Instead they claim Henrie has no standing to bring the suit. ­Superior Court Judge Laura Riquelme ruled against them twice.

Defendants Wendy Poulton, Elaine Dixon, Monte Hicks, Joseph Hurley and Louise Kari were board of director executive committee members when ­Henrie filed her case. Poulton and Hicks are still on the board.